Ms. Diba Saggar vs Union Of India
2017 Latest Caselaw 7409 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Date of Order:      December 22, 2017

+                        W.P.(C) 11565/2017

      MS. DIBA SAGGAR                                 ..... Petitioner
                Through:        Mr.Rakesh Malhotra, Advocate

                                versus

      UNION OF INDIA                                   ..... Respondent
               Through:         Mr.Kirtiman Singh, CGSC, Mr.Rishabh
                                Sahu and Mr.Waize Ali Noor, Advocates

CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR

                          ORDER

ORAL

CM No.47135/2017 Allowed subject to just exceptions.

W.P.(C) No.11565/2017 & CM Nos.47136-37/2017

1. In this petition, promotion to the post of Technical Officer (D) is sought by petitioner. There are ancillary prayers too. At the outset, learned counsel for respondent raises jurisdictional issue by pointing out that the relief sought by petitioner has to be adjudicated by Central Administrative Tribunal, Delhi. Learned counsel for petitioner draws attention of this Court to a decision of Supreme Court reported as Hari Bansh Lal Vs. Sahodar Prasad Mahto & Ors. (2010) 9 SCC 655 to W.P.(C) No.11565/2017 Page 1of 2 submit that writ of quo warranto lies as the promotion granted to the selected candidates is irregular.

2. Upon hearing, I find that the decision of Supreme Court in Hari Bansh Lal (supra) is of no avail for the reason jurisdictional issue was not subject matter of consideration therein. This petition has been filed without impleading the promoted candidates. In view of the above, it is deemed appropriate to dispose of this petition while relegating petitioner to Central Administrative Tribunal, Delhi.

3. This petition and the accompanying applications are accordingly disposed of.

                                                            SUNIL GAUR
                                                              (JUDGE)

DECEMBER 22, 2017
mamta




W.P.(C) No.11565/2017                                              Page 2of 2